§ 2712. — Uses of Fund.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2712]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2712. Uses of Fund
(a) Uses generally
The Fund shall be available to the President for--
(1) the payment of removal costs, including the costs of
monitoring removal actions, determined by the President to be
consistent with the National Contingency Plan--
(A) by Federal authorities; or
(B) by a Governor or designated State official under
subsection (d) of this section;
(2) the payment of costs incurred by Federal, State, or Indian
tribe trustees in carrying out their functions under section 2706 of
this title for assessing natural resource damages and for developing
and implementing plans for the restoration, rehabilitation,
replacement, or acquisition of the equivalent of damaged resources
determined by the President to be consistent with the National
Contingency Plan;
(3) the payment of removal costs determined by the President to
be consistent with the National Contingency Plan as a result of, and
damages resulting from, a discharge, or a substantial threat of a
discharge, of oil from a foreign offshore unit;
(4) the payment of claims in accordance with section 2713 of
this title for uncompensated removal costs determined by the
President to be consistent with the National Contingency Plan or
uncompensated damages;
(5) the payment of Federal administrative, operational, and
personnel costs and expenses reasonably necessary for and incidental
to the implementation, administration, and enforcement of this Act
(including, but not limited to, sections 1004(d)(2), 1006(e), 4107,
4110, 4111, 4112, 4117, 5006, 8103, and title VII) and subsections
(b), (c), (d), (j), and (l) of section 1321 of this title with
respect to prevention, removal, and enforcement related to oil
discharges, provided that--
(A) not more than $25,000,000 in each fiscal year shall be
available to the Secretary for operating expenses incurred by
the Coast Guard;
(B) not more than $30,000,000 each year through the end of
fiscal year 1992 shall be available to establish the National
Response System under section 1321(j) of this title, including
the purchase and prepositioning of oil spill removal equipment;
and
(C) not more than $27,250,000 in each fiscal year shall be
available to carry out subchapter IV of this chapter.
(b) Defense to liability for Fund
The Fund shall not be available to pay any claim for removal costs
or damages to a particular claimant, to the extent that the incident,
removal costs, or damages are caused by the gross negligence or willful
misconduct of that claimant.
(c) Obligation of Fund by Federal officials
The President may promulgate regulations designating one or more
Federal officials who may obligate money in accordance with subsection
(a) of this section.
(d) Access to Fund by State officials
(1) Immediate removal
In accordance with regulations promulgated under this section,
the President, upon the request of the Governor of a State or
pursuant to an agreement with a State under paragraph (2), may
obligate the Fund for payment in an amount not to exceed $250,000
for removal costs consistent with the National Contingency Plan
required for the immediate removal of a discharge, or the mitigation
or prevention of a substantial threat of a discharge, of oil.
(2) Agreements
(A) In general
The President shall enter into an agreement with the
Governor of any interested State to establish procedures under
which the Governor or a designated State official may receive
payments from the Fund for removal costs pursuant to paragraph
(1).
(B) Terms
Agreements under this paragraph--
(i) may include such terms and conditions as may be
agreed upon by the President and the Governor of a State;
(ii) shall provide for political subdivisions of the
State to receive payments for reasonable removal costs; and
(iii) may authorize advance payments from the Fund to
facilitate removal efforts.
(e) Regulations
The President shall--
(1) not later than 6 months after August 18, 1990, publish
proposed regulations detailing the manner in which the authority to
obligate the Fund and to enter into agreements under this subsection
shall be exercised; and
(2) not later than 3 months after the close of the comment
period for such proposed regulations, promulgate final regulations
for that purpose.
(f) Rights of subrogation
Payment of any claim or obligation by the Fund under this Act shall
be subject to the United States Government acquiring by subrogation all
rights of the claimant or State to recover from the responsible party.
(g) Audits
The Comptroller General shall audit all payments, obligations,
reimbursements, and other uses of the Fund, to assure that the Fund is
being properly administered and that claims are being appropriately and
expeditiously considered. The Comptroller General shall submit to the
Congress an interim report one year after August 18, 1990. The
Comptroller General shall thereafter audit the Fund as is appropriate.
Each Federal agency shall cooperate with the Comptroller General in
carrying out this subsection.
(h) Period of limitations for claims
(1) Removal costs
No claim may be presented under this subchapter for recovery of
removal costs for an incident unless the claim is presented within 6
years after the date of completion of all removal actions for that
incident.
(2) Damages
No claim may be presented under this section for recovery of
damages unless the claim is presented within 3 years after the date
on which the injury and its connection with the discharge in
question were reasonably discoverable with the exercise of due care,
or in the case of natural resource damages under section
2702(b)(2)(A) of this title, if later, the date of completion of the
natural resources damage assessment under section 2706(e) of this
title.
(3) Minors and incompetents
The time limitations contained in this subsection shall not
begin to run--
(A) against a minor until the earlier of the date when such
minor reaches 18 years of age or the date on which a legal
representative is duly appointed for the minor, or
(B) against an incompetent person until the earlier of the
date on which such incompetent's incompetency ends or the date
on which a legal representative is duly appointed for the
incompetent.
(i) Limitation on payment for same costs
In any case in which the President has paid an amount from the Fund
for any removal costs or damages specified under subsection (a) of this
section, no other claim may be paid from the Fund for the same removal
costs or damages.
(j) Obligation in accordance with plan
(1) In general
Except as provided in paragraph (2), amounts may be obligated
from the Fund for the restoration, rehabilitation, replacement, or
acquisition of natural resources only in accordance with a plan
adopted under section 2706(c) of this title.
(2) Exception
Paragraph (1) shall not apply in a situation requiring action to
avoid irreversible loss of natural resources or to prevent or reduce
any continuing danger to natural resources or similar need for
emergency action.
(k) Preference for private persons in area affected by discharge
(1) In general
In the expenditure of Federal funds for removal of oil,
including for distribution of supplies, construction, and other
reasonable and appropriate activities, under a contract or agreement
with a private person, preference shall be given, to the extent
feasible and practicable, to private persons residing or doing
business primarily in the area affected by the discharge of oil.
(2) Limitation
This subsection shall not be considered to restrict the use of
Department of Defense resources.
(Pub. L. 101-380, title I, Sec. 1012, Aug. 18, 1990, 104 Stat. 498.)
References in Text
This Act, referred to in subsecs. (a)(5) and (f), is Pub. L. 101-
380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of
1990, which is classified principally to this chapter. Sections
1004(d)(2) and 1006(e) are classified to sections 2704(d)(2) and
2706(e), respectively, of this title. Section 4107 amended section 1223
of this title and enacted provisions set out as a note under section
1223 of this title. Sections 4110 and 4111 enacted provisions set out as
notes under section 3703 of Title 46, Shipping. Section 4112 is not
classified to the Code. Section 4117 enacted provisions set out as a
note under section 1295 of Title 46, Appendix. Section 5006 is
classified to section 2736 of this title. Section 8103 enacted
provisions set out as a note under section 1651 of Title 43, Public
Lands. Title VII is classified to subchapter IV of this chapter. For
complete classification of this Act to the Code, see Short Title note
set out under section 2701 of this title and Tables.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Delegation of Functions
Functions of President under subsecs. (a)(1), (3), (4), (d), and (e)
of this section delegated to Secretary of Department in which Coast
Guard is operating by section 7(a)(1)(A), (c)(1), (3) of Ex. Ord. No.
12777, Oct. 18, 1991, 56 F.R. 54766, 54767, set out as a note under
section 1321 of this title.
Functions of President under subsec. (a)(2) of this section
delegated to Federal trustees designated in National Contingency Plan by
section 7(a)(2) of Ex. Ord. No. 12777.
Functions of President under subsecs. (a)(5) and (c) of this section
delegated to each head of departments and agencies having responsibility
for implementation, administration, and enforcement of the Oil Pollution
Act of 1990 (Pub. L. 101-380, see Tables for classification) and section
1321(b), (c), (d), (j), (l) of this title by section 7(a)(3), (b) of Ex.
Ord. No. 12777.
Memorandum of the President of the United States, Aug. 24, 1990, 55
F.R. 35291, which delegated to the Secretary of the Department in which
the Coast Guard is operating authority to make available from the Oil
Spill Liability Trust Fund not to exceed $50,000,000 in any fiscal year
to remove discharged oil or hazardous substances from navigable waters,
was revoked by Ex. Ord. No. 12777, Sec. 8(i), Oct. 18, 1991, 56 F.R.
54769, set out as a note under section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2713, 2736, 2752 of this
title; title 26 section 9509.
